Federal Judge Overturns California’s 3-Decade-Old Assault Weapons Ban

[McBell]

June 5, 2021
Updated 1:49 a.m. ET

A federal judge in California on Friday overturned the state’s three-decade-old ban on assault weapons, which he called a “failed experiment,” prompting a sharp retort from the state’s governor.

California prohibited the sale of assault weapons in 1989. The law was challenged in a suit filed in 2019 against the state’s attorney general by plaintiffs including James Miller, a California resident, and the San Diego County Gun Owners, a political action committee.

The judge, Roger T. Benitez of the U.S. District Court for the Southern District of California, wrote that sections of the state’s penal code that defined assault weapons and restricted their use were “hereby declared unconstitutional and shall be enjoined.”

But the judge said he had granted a 30-day stay of the ruling at the request of Attorney General Rob Bonta, a move that would allow Mr. Bonta to appeal it.

Judge Benitez wrote that the case was about “what should be a muscular constitutional right and whether a state can force a gun policy choice that impinges on that right with a 30-year-old failed experiment.”

“It should be an easy question and answer,” Judge Benitez, who was nominated by former President George W. Bush, continued. “Government is not free to impose its own new policy choices on American citizens where constitutional rights are concerned.”
​

Federal Judge Overturns California’s 3-Decade-Old Assault Weapons Ban​

 

[Altfish]

June 5, 2021
Updated 1:49 a.m. ET

A federal judge in California on Friday overturned the state’s three-decade-old ban on assault weapons, which he called a “failed experiment,” prompting a sharp retort from the state’s governor.

California prohibited the sale of assault weapons in 1989. The law was challenged in a suit filed in 2019 against the state’s attorney general by plaintiffs including James Miller, a California resident, and the San Diego County Gun Owners, a political action committee.

The judge, Roger T. Benitez of the U.S. District Court for the Southern District of California, wrote that sections of the state’s penal code that defined assault weapons and restricted their use were “hereby declared unconstitutional and shall be enjoined.”

But the judge said he had granted a 30-day stay of the ruling at the request of Attorney General Rob Bonta, a move that would allow Mr. Bonta to appeal it.

Judge Benitez wrote that the case was about “what should be a muscular constitutional right and whether a state can force a gun policy choice that impinges on that right with a 30-year-old failed experiment.”

“It should be an easy question and answer,” Judge Benitez, who was nominated by former President George W. Bush, continued. “Government is not free to impose its own new policy choices on American citizens where constitutional rights are concerned.”
​

Federal Judge Overturns California’s 3-Decade-Old Assault Weapons Ban​

Good grief America; you are going backwards. Next thing you'll be banning abortion and suppressing the vote.

 

[Twilight Hue]

Good grief America; you are going backwards. Next thing you'll be banning abortion and suppressing the vote.

The weapon ban is three decades old. Obviously it wasn't doing much at the start anyways.

It dosent really matter if it was there or not as it's just a legislative good measure with a false sense of security. Maybe good for votes, but not much else.

 

[Shadow Wolf]

June 5, 2021
Updated 1:49 a.m. ET

A federal judge in California on Friday overturned the state’s three-decade-old ban on assault weapons, which he called a “failed experiment,” prompting a sharp retort from the state’s governor.

California prohibited the sale of assault weapons in 1989. The law was challenged in a suit filed in 2019 against the state’s attorney general by plaintiffs including James Miller, a California resident, and the San Diego County Gun Owners, a political action committee.

The judge, Roger T. Benitez of the U.S. District Court for the Southern District of California, wrote that sections of the state’s penal code that defined assault weapons and restricted their use were “hereby declared unconstitutional and shall be enjoined.”

But the judge said he had granted a 30-day stay of the ruling at the request of Attorney General Rob Bonta, a move that would allow Mr. Bonta to appeal it.

Judge Benitez wrote that the case was about “what should be a muscular constitutional right and whether a state can force a gun policy choice that impinges on that right with a 30-year-old failed experiment.”

“It should be an easy question and answer,” Judge Benitez, who was nominated by former President George W. Bush, continued. “Government is not free to impose its own new policy choices on American citizens where constitutional rights are concerned.”
​

Federal Judge Overturns California’s 3-Decade-Old Assault Weapons Ban​

**** on them. They are so addicted to destruction they can't stand not having their killing machines.
Just make sure they all know damn well (they probably don't) Reagan signed the ban into law.

 

[Shadow Wolf]

The weapon ban is three decades old. Obviously it wasn't doing much at the start anyways.

It dosent really matter if it was there or not as it's just a legislative good measure with a false sense of security. Maybe good for votes, but not much else.

We shouldn't have to tolerate beinf the only "developed" Western nation that suffers frequent shootings, school shootings, and rampant gun death. We're it. No one else has to deal with this violence. No other Western parents fear their children will be killed at school.

 

[Twilight Hue]

We shouldn't have to tolerate beinf the only "developed" Western nation that suffers frequent shootings, school shootings, and rampant gun death. We're it. No one else has to deal with this violence. No other Western parents fear their children will be killed at school.

I dunno. I suspect other countries deal with mass deaths all the time.

 

[Shadow Wolf]

I dunno. I suspect other countries deal with mass deaths all the time.

Countries like Brazil or South Sudan, they do.
England, Canada, France, Australia, Germany and the rest of the Western world does not. Even much of the Eastern world does not.

 

[Twilight Hue]

Countries like Brazil or South Sudan, they do.
England, Canada, France, Australia, Germany and the rest of the Western world does not. Even much of the Eastern world does not.

I don't think that's true. We have an unusually high rate, but in terms of per capita, we are ranked 66 on a worldwide scale.


Mass Shootings By Country 2021

 

[McBell]

More links on the story:

California gun ruling: A federal judge, who compares an AR-15 to a Swiss Army knife, overturns ban on assault weapons - CNN

U.S. judge overturns California’s ban on assault weapons – WBOY.com

Alert: U.S. judge overturns California's three-decade-old ban on assault weapons

 

[Altfish]

The weapon ban is three decades old. Obviously it wasn't doing much at the start anyways.

It dosent really matter if it was there or not as it's just a legislative good measure with a false sense of security. Maybe good for votes, but not much else.

Do the figures exist to prove that there were no less deaths when the weapon ban was in place?

 

[Stevicus]

Meanwhile, guns are selling like hotcakes: Gun sales continuing to spike as officials say they fear summer of violence with crime rates rising (yahoo.com)

 

[Aštra’el]

June 5, 2021
Updated 1:49 a.m. ET

A federal judge in California on Friday overturned the state’s three-decade-old ban on assault weapons, which he called a “failed experiment,” prompting a sharp retort from the state’s governor.

California prohibited the sale of assault weapons in 1989. The law was challenged in a suit filed in 2019 against the state’s attorney general by plaintiffs including James Miller, a California resident, and the San Diego County Gun Owners, a political action committee.

The judge, Roger T. Benitez of the U.S. District Court for the Southern District of California, wrote that sections of the state’s penal code that defined assault weapons and restricted their use were “hereby declared unconstitutional and shall be enjoined.”

But the judge said he had granted a 30-day stay of the ruling at the request of Attorney General Rob Bonta, a move that would allow Mr. Bonta to appeal it.

Judge Benitez wrote that the case was about “what should be a muscular constitutional right and whether a state can force a gun policy choice that impinges on that right with a 30-year-old failed experiment.”

“It should be an easy question and answer,” Judge Benitez, who was nominated by former President George W. Bush, continued. “Government is not free to impose its own new policy choices on American citizens where constitutional rights are concerned.”
​

Federal Judge Overturns California’s 3-Decade-Old Assault Weapons Ban​

Good.

 

[Curious George]

June 5, 2021
Updated 1:49 a.m. ET

A federal judge in California on Friday overturned the state’s three-decade-old ban on assault weapons, which he called a “failed experiment,” prompting a sharp retort from the state’s governor.

California prohibited the sale of assault weapons in 1989. The law was challenged in a suit filed in 2019 against the state’s attorney general by plaintiffs including James Miller, a California resident, and the San Diego County Gun Owners, a political action committee.

The judge, Roger T. Benitez of the U.S. District Court for the Southern District of California, wrote that sections of the state’s penal code that defined assault weapons and restricted their use were “hereby declared unconstitutional and shall be enjoined.”

But the judge said he had granted a 30-day stay of the ruling at the request of Attorney General Rob Bonta, a move that would allow Mr. Bonta to appeal it.

Judge Benitez wrote that the case was about “what should be a muscular constitutional right and whether a state can force a gun policy choice that impinges on that right with a 30-year-old failed experiment.”

“It should be an easy question and answer,” Judge Benitez, who was nominated by former President George W. Bush, continued. “Government is not free to impose its own new policy choices on American citizens where constitutional rights are concerned.”
​

Federal Judge Overturns California’s 3-Decade-Old Assault Weapons Ban​

That darn 14th amendment at work.

Good for California.

Hopefully, this ruling is upheld.

 

[Revoltingest]

We shouldn't have to tolerate beinf the only "developed" Western nation that suffers frequent shootings, school shootings, and rampant gun death. We're it. No one else has to deal with this violence. No other Western parents fear their children will be killed at school.

Be cautious about making assumptions based upon
what US news media present & don't present to us.
Category:School shootings in Canada - Wikipedia
Searching for other countries yields more such info.
BTW, is Brazil not a "developed" country?

 

[metis]

I think that the judgement may well be overruled in appeal since our history and judicial system has long allowed certain weapons to be purchased. However, I don't know the details here, nor am I a lawyer, so...

 

[Brickjectivity]

Good grief America; you are going backwards. Next thing you'll be banning abortion and suppressing the vote.

Its not enough to say its backwards. You have to say what you believe in. All this brow beating accomplishes nothing as exemplified in the Brexit vote. "Stupid people don't vote to exit the EU. You're stupid if you do!!!!" How did that work out for progressives? Who voted Brexit -- precisely those people who felt left out of government, ignored by policymakers, brow beaten by the state media. What's your vision? Is it a country in which people aren't allowed to defend themselves?

 

[Shadow Wolf]

I don't think that's true. We have an unusually high rate, but in terms of per capita, we are ranked 66 on a worldwide scale.


Mass Shootings By Country 2021

See, that's ****. I am talking about Western countries but you keep trying to make it about everybody else. Even you own source said this:
For a highly developed and wealthy nation, the United States has an unusually high rate of mass shootings.

 

[Altfish]

Its not enough to say its backwards. You have to say what you believe in. All this brow beating accomplishes nothing as exemplified in the Brexit vote. "Stupid people don't vote to exit the EU. You're stupid if you do!!!!" How did that work out for progressives? Who voted Brexit -- precisely those people who felt left out of government, ignored by policymakers, brow beaten by the state media. What's your vision? Is it a country in which people aren't allowed to defend themselves?

In the last years we have gone backwards. FACT.
The fact that people who felt 'left out' voted Brexit is true, but they are the same people who will suffer most because of Brexit.
Brexit was a protest vote - it succeeded, but we'll never get back in and will be poorer for it. Prior to the UK joining the EU we were know as the poor man of Europe; we are heading back there.

 

[Twilight Hue]

See, that's ****. I am talking about Western countries but you keep trying to make it about everybody else. Even you own source said this:
For a highly developed and wealthy nation, the United States has an unusually high rate of mass shootings.

It's to point out that the US isn't a developed nation with the most mass killing per capita which is important with arguments like this.

We do however have one of the highest rates, but not the highest casualties when it comes to mass killing.

 

[Twilight Hue]

Do the figures exist to prove that there were no less deaths when the weapon ban was in place?

I figure that would pop up by now in defense of upholding the ban, but so far, nada.